his proposed ratio from sunday to wednesday and thursday, friday, saturday nights have traditionally been the issue in the past and have to be the busy nights and a couple of issues and we are in favor of keeping the current ratio on thursday, friday and saturday night. >> which is 1:40. >> are they opened sunday? >> they are opened every day. >> they are opened every day? >> yes. monday, tuesday, wednesday, especially it is pretty much the same kind of entertainment and salsa night and they have comedy and those have not been issues with us at all. it is mainly the thursday, friday, saturday nights. >> what they are asking for 1:75, seven days a week? >> yes. >> you mentioned a couple of issues, could you go into details of what those were. >> three weeks ago on thursday, they had a like a reggie islander-style event at the

club. one of the performers walked out of the club, and was urinating in the street the officers saw him and took him on and he did not abide by the commands of the officer and actually got into a physical with the officers and he was arrested. >> let's see, it was last week and the weekend before they had a metal festival and it was too roadies from that festival, were outside drinking in public. officers took them on. and a chase ensued and one of the roadiewas booked weapons and warrants. >> prior to that there were no issues for quite a while. >> okay. >> questions? >> yes, go ahead. >> what is the capacity of this venue? >> 305 total occupancy. it is 200, something upstairs and the rest down stairs, the down stairs is much smaller. >> commissioner akers? >> yeah. i have a question.

i don't see and this is very small print, so i don't see a condition for this operator to that securety shall utilize a identification reader, i am not necessarily promoting it, i am just bringing it up because an hour and a half ago i was told by... >> that was a permit and this is a permit that has already been in place so... >> i was told... so, so my concern then, which i went ahead and put it to the side with this was new technology and that i would be seing more of this in other conditions. and that is was not a discrimination against an lgbt bar and so my radar is going up a little bit because i have not seen that come out yet. so i am not suggesting that this operator have to do this,

but i am bringing up the issue that it has not come up except with the eagle. and i assume that the eagle it was conditioned because there was some crime problems. and other establishments that have been asking for a permit are not having that issue. but this is one establishment that is having that issue. so just something to point out. so i am correct that it is not in this fine print. >> right? >> it is not. >> okay. >> those readers are also good at helping the clubs identify whether the id is fake or not. and so there are other issues that those readers can help with. this is today, this is a permit that has already been in place for quite a while now. >> right, the eagle has been around for a very long time and i understand that it was, you know, this was different, but d my radar just goes up. so if we are going to bring in new technology that is going to help the police department in

identifying crime, then it should be all bars and all clubs, not just in one particular gay club that is all. >> if it was up to me it would be everywhere. >> okay. >> any other questions? >> commissioner hyde? >> so, the number is 1:40 for security, as opposed to 1:75. and do you feel that there is a direct correlation or do you think that things are going well and it is more using like new promosters and less caution in booking events. >> i think that they all play a part in what has been pretty successful. i think that the security is a major part of it. one of the incidents that i spoke about where we had the

issue recently, the permit was not 100 percent, because if you look further on those conditions they have a condition that they have to have a guy at the door and they have to have a guy in the street and the guy in the street was not there when the cops were involved with one of the entertainers. if that was in place, then i feel that could have been avoided. security would say, yeah he is with us and we will take care of him and did not have to go that it went. and so i think that especially for thursday, friday, and saturday nights, i think that security and it has to be done like i said through all of those working points not just the numbers but where they are to be. it has issues for the neighborhood. >> do you feel confident in the security that you see that they have currently? >> i do. >> okay. >> anybody else? >> it seems like it has been improving in their security and in following the rules. do you think that we need to

impose this 1:75 on those weekend dates on time or is that something that we can revisit after a certain time. >> we have discussed that at length and we agree that if it continues to improve those issues go away completely, we are reopening this and revisiting it. >> did you say that the roady had weapons on him. >> yeah, he was outside of the club. >> but he had been in the club because he loaded in, he is a roady. >> and is that right? >> do you not pat down? >> do you not look in the cases of your entertainers? >> okay. so it was not that the roady was just standing in the street after coming out of the club. >> i have no information whether he was in the club or not. i just know that when he was taken on by the police officers

for drinking in public that he identified himself as a roady. and other people at the club have also identified him as working for one of the bands. >> was he drinking in front of the club on the street. >> not directly in front of the club but closer, like half a block west of it. >> okay. >> was it alcohol purchased in the club? >> i don't know. >> i am just wondering if he we want down the street and got a bottle of vodka and we are going to hold the club responsible for going down the street and getting vodka, i don't know if that is necessarily fair. >> those are strict rules everywhere, you can'ting taking your drinks in and out of bars, yes that is good. >> i am not sure, but during the lead training there is a certain amount of footage that you are responsible for, whether or not the alcohol came from your venue.

so if you are next door to a grocery, and someone walks out of your club into the grocery buys a beer and walks in the street and pops the beer, and it is within whatever it is 100 feet, it is your responsibility to tell them that they can't drink within 100 feet of your venue. >> okay, thank you. all right. >> i have a quick. >> go ahead. >> i for me personally, 40 is a lot, i mean that it is 250 or 300 people capacity, however, >> 7.6 is the number. >> well, i mean that i think that thursday, friday, saturday, i mean my thing is obviously the based on past incidents there are some that are being taken that are on the risky side and i am not saying

40, i think that maybe another number should be here. because you know, certain events you do need more. and i hate to say that you know you should be required to have it, when you might have just a duel or something and then you still required to have that many people. but again, the reason why it was reconditioned in the first place was because some of the things that you guys were booking there. and so, again, i just am looking at it as pure as safety and also the neighbor's sidewalk. and if you are missing a guard outside to control the sidewalk that is an issue with me. i am saying that my recommendation, not 40 but my recommendation is even for this venue, i mean that we are at 40 and six, and that is six guards on a busy night if it is packed at 300. i mean, that i am willing to go, a little bit lower than 75, but higher than 40. >> and so, if they are asking,

i think that what he is asking for, the police are recommending, one to 75, monday tuesday, and wednesday. >> sunday, monday, tuesday, wednesday, thursday, and one to 40, thursday, friday, saturday. and i mean, he is suggesting one to 50 on thursday, friday, saturday. >> i mean, based unless it changes and the type of parties and we are not having these issues, 1:50 at this point, i think for me it is reasonable and it is not a big place but then there is an upstairs and down stairs you do need a number of certain people to handle this kind of space with this kind of event. >> okay. >> i like that idea of changing a little bit but i also like the idea of possibly coming back and do it in another six months to talk about this again. >> okay, any other questions for officers moore? >> thank you. >> i am opening up the floor to

public comment, to recondition to amend the conditions of the permit of neck of the woods, 406 clement street. >> my name is stefhano, castalato and our firm is working closely with choy and the police department, this operator was under close scrutiny and from the entertainment commission. they got in trouble when they had poor communication and now the communication lines are excellent. they got in trouble when they hired outside promoters and now they do their internal promotions themselves. they got in trouble when they were booking reggie acts with outside promosters and they have discontinued all with the outside promosters for the most part. what they have done instead of becoming a poor example they have become a model example and this commission put strong restrictions along with the police department because of the public safety issue and those were justified.

what we want to do now is to say after an 8-month period is to lift some of those restrictions that pose hardships because, they have earned it and they are not going in and they are going to turn back into their bad ways because their model has been adjusted and changed the name of the venue, they are moving away from the rocks and out to sea. and so, please support them and encourage them, because business is not that great right now. and every penny counts and we want to make sure that this business is sustain able, responsible, and in business at the end of the day. >> thank you, any other further public comment? >> seeing none, public comment is closed. >> commissioners, i would like to entertain a motion the applicant is asking for live entertainment to 1:45, which would also change the condition that lights must be up at 1:45 and 1:75 on sunday through

wednesday. and the police and 1:75 every day, the police are asking for 1:40, thursday, friday, saturday and so you can amend that motion any way that you want. >> i am just reviewing what is going on. >> okay. >> a motion? >> someone? >> i want a motion. >> commissioner lee? >> second motion. >> no. >> you need to make the motion. >> i am not making the motion. >> i make the motion to grant them to 1:45, but with the security changed on thursday, friday, and saturday, to 1:50 and maybe come back in six months, and see how it goes, and if there is any more problems, we will keep it that way, if there isn't any, we might entertain the fact of raising it. >> that is not a motion. >> so, could you please structure that as a motion?

if you want to make it >> okay. you make it i will second it. >> how is that? >> okay i would like to move that we grant that they are able to have entertainment until 1:45. >> lights up at 1:45. and that they have from monday through wednesday, >> sunday through wednesday one to every 75 patrons and then from thursday, friday, saturday, sunday, not sunday, i was confused by that i didn't know. actually it was not clear to me about sunday. >> so, i would like to say that thursday, friday, saturday. >> i would like to say... you know, i would like to say 50

but then i don't, and then i would like to talk about that more. >> do we have a motion and do we have a second? >> second. >> discussion? >> i was wondering since we knew what the amount was like what was the number and how many for 50? >> 6 security. >> and for like 55? would that drop it? >> i mean i am just wondering if it really is, cost prohibitive and they really, i do believe that they have done, a lot of due diligence, and they are working towards a better relationship but there are still some problems so i think that there should be some give. >> so they went from 7.6 people or 8 people, to 6 people. so they saved two salaries. >> okay. >> i just wanted to make sure that it was... i do think that they have done a good job and i want to be sure. >> and 7.6 does not work in the real work, you can't have a 6th

of a person. >> if you do one to 6 that will take it down to five. >> so we have a motion and a second, and is there any further discussion? >> i don't feel too strongly about this. but, at least, what the police presented about the incidents it does not seem like the venue is necessarily responsible for all of that. you know, it is not what we heard months ago, and that type of severity, so i don't know if we want to see seeing them come back and have public comment, could we just allow it to be 1:75 every day of the week and see, you know, assume that the practice that they put in so far are working? i mean there is always going to be incidents. >> are you making a friendly amendment >> i guess that i could. >> have you to make it to the maker of the motion. >> do you see that as a friendly amendment to make it

1:75 security ratio. >> i would be fine with that on an every day basis. >> and to the second. >> certain events, you know are, i mean that it is hard to tell what he is going to have put in there. and we are taking a risk again, of public safety. >> either you accept it or you don't. >> i don't accept it. >> so it is not accepted. and the motion stands. >> the way that it is. >> 1:75, sunday through wednesday. one:50, thursday, friday and saturday. with entertainment to 1:45 and lights up at 1:45. those are the condition changes that we have on the floor. and is there any further discussion? >> and the ability to revisit it. >> always. that is always there. that is always there. >> this is just to amend the conditions. >> that is the motion on the

floor, nicholas? >> do your thing? >> commissioner akers? >> aye. >> perez. >> aye. >> hyde. >> aye. >> tan. >> aye. >> lee. >> aye. >> joseph. >> aye. >> good luck, tim. >> calling back to the floor, rory paull doing business live at the razza and mr. paull will you come up and tell us if you were able to reach an agreement with your neighbors. i don't care, one of you come up and tell us. >> either one. >> yes. >> you have been able to reach an agreement and can you advise of what that is? sir? >> yes, we offered to do a sound test, for just the patty lapone nights, those six that we will do the sound test before that vaj or others, including the neighbors must hear absolutely nothing and

there can be nothing measured coming from the club and the db will be regulated in the club at that level for those concerts and there will be no substantial sounds below the lower frequencies and. and the neighbors have to agree that they hear nothing and that vaj sees nothing. >> okay. >> with that i believe that i am accurately representing. >> and you should ask the neighbors to come up. >> and i intend to ask the neighbors. >> thank you for the opportunity for work this out. >> and so, now as part of public comment? >> i am opening it for public comment. >> yes. >> jeff turner, treasurer of the hoa and so what we heard is that and i want to clarify something is and the notion would be that you don't do temporary permits. >> that is right. >> but you do a conditional one-day? >> that is light right. >> so the idea is that there would be six, one-day conditional permits issued? just for the purposes of patty

and specifically for those concerts and that was what we discussed. and the conditions as i recall them, were that we would have the testing would be and it would need to be on a specific date or dates so that all of the interested property owners had an opportunity to chime in. so it is going to mean that they potentially will have to do more than one day of sound testing. >> now, this is my concern, i am concerned about the logistics and you have got one vaj. >> it is not just that. i mean, it is... we are not going to send vaj out there six days in a row he does not work for you guys. that is number one. and number two, i find it or i doubt if patty lapone is going to play in a piano one day and bring in a 12 piece band for the next. if it works for one day it

should work for all of the days. >> i am not suggesting that they sound test every day i am sorry if i gave you that impression. >> our concern is this, that the getting the residents, so that they can be available for sound tests, is like hearding cats and i know that some level there is no problem but frankly since we are bending backwards a bit here we are hoping that they will make it their problem. so they suggested that they would be available to do multiple days of sound testing. >> if they would be available. to do multiple days. not that we would be available. >> right, okay. >> of course. they can't negotiate for us. >> we will be lucky to get vaj here one day. i get it. >> so, i don't think that i am missing anything at this point and then, of course. the other thing that i am concerned about is the notion that it is conditioned off ours and is sounds great. mechanically how does that work. >> thank you, yes. >> miss king?

>> thank you. >> yeah, so the one-day, time event permit is issued from the office administratively. >> right. >> if the... am i on a timer, the commission instructs the staff to put on the conditions that is the way that we would do that. it might be my suggestion to the commission that we i mean, you know, potentially i could issue one and if it does not go well, not issue the balance or something like that. but, there is a certain amount of faith in this process, and where we are in all of this. whether it is the permanent one or the one-time one, it is an issue of good faith on the part of everybody and again i want to reiterate that my resources are slim he has not only done one test, he has done multiples out there because we have been responding to neighbors for a long time now. and we are very concerned,

obviously, about getting this right and doing it the best way possible. so i would ask that the commission, if you vote on that route, give us very clear instructions. >> okay. and i have another question for you. >> it is my concern that if they are here tonight for a poe, and they have passed all of their conditions except, they have passed all of the sign-offs except the sound so that you would not, if we grant conditionally, you would not be issue be a poe, until they passed the sound test but instead, this six, one-day permits,; is that correct? is that >> i don't know if i would use the words instead. i would say conditioned grant as you said conditioned on that sound work that you were presented with. long term sound work being completed so the conditional grant will exist out in time if

you will, in the file sits in our office and then the one-time event permits could move independently. >> okay. >> bruce, penagen we are looking at two sets of testing. >> yes. >> the first set is these guys do the sealing of the doors and then doing the sealing of the doors and they are going to do the work over the next few days and we will do the sound testing that patty could do the six shows and we stay below 85 and i am down there reading a meter. that is step one and that is the first level of test and that is patty in there for six days and hopefully they can make their money and start the construction and do the real construction and another set of testing that will need to be done to make sure to get the permanent permit. >> correct. >> you got it. >> so i want to be sure that it

is clear. >> you got it. >> okay. thank you. >> any other public comment >> just two more. >> so i want to talk about money. there is a unit on our floor for sale, this is now a major disclosure. unlike the other three i am strongly against this. because we now have a major disclosure in our building if that unit does not sell in the next couple of weeks, now we have lost property values we have a major disclosure item. in addition to that, if it does not get worked out, this disclosure item is going to last until it does get worked out. so that is the first thing. i also want you to be aware that they have been selling tickets to shows and canceling those tickets day of or the day prior. so let's talk about their patrons, their patrons are purchasing tickets to shows, they are taking in the money, and they are canceling the

shows and not refunding the money and moving those shows. >> you don't know that. how do you know that? >> i have gone on-line and there is still selling tickets to stuff. >> even with this issue. >> okay. >> sorry >> thank you. >> no. you are not the public. >> you cannot make a public comment. >> seeing none, public comment is closed. >> commissioners, i feel like this is a really testing our ability to mediate for all sides. and that what we do here tonight, is going to be significant. with regard to whether they sell tickets or whether they refund tickets, that has more to do with the police fraud unit than us. so that is not within our jurisdiction. and so, we cannot consider that. and that is also true, for the remarks about the property values. we are interested in our code,

and the first amendment issues and that is not within our jurisdiction. so we cannot consider that. so, in your thoughts about how we are going to do this, please, i just hope that you won't consider that. and the way that i understand it, is that the motion would be to conditionally approve this permit, i think that it is it is going to be really hard motion, conditionally approve this permit, help me out here. and i think that it is supposed to be two motions, and you know, one motion. well, help me with the language then, conditionally improve the permit. >> conditionally approving the permit. conditionally and they have to pass all of the sign-offs that will take care of the poe.

>> the six day bundle which is not a motion in front of you is literally a matter of paperwork done by staff. >> okay. >> but that is not part of the motion. so, executive director asked for specific directions. so, let us do the specific direction on the one-days first. and then do the motion. >> so, commissioners, let's talk about this for a second. so, you issue these permits one day at a time? so we issue a permit for the first day of patty lapone and then the applicant will have to come to the office the next day and pick up the next permit is that how it works? >> how does the waiting period? >> what is the... does he have to get sign-off for the days? >> so, this is assuming that they have gotten all of the

permanent place of entertainment sign-off and not going to be necessary. that is just duplicative. what we are trying to do here is find a method and find a tool, find a set of conditions that work and move ahead. the only instructions from you that i am looking for is not how to move the paper around i know how to do that, it is about the sound issue. that is the issue that we struggle with is that you have now got to struggle with because you are policy body. so i need that kind of direction from you. not you don't worry about how they come in or don't come in or how i communicate. >> okay. >> so to issue the one-day permit, the second one day permit, provided that they met all of the criteria of the sound for the first one-day permit. >> excellent. >> is that right. >> somebo